personnel affairs committee - Southern University System

PERSONNEL AFFAIRS COMMITTEE
(Following the Finance and Audit Committee)
Friday, June 24, 2011
Health and Physical Education Building
Southern University – Park Campus
6400 Press Drive
New Orleans, Louisiana
AGENDA
1. Call to Order
2. Roll Call
3. Adoption of the Agenda
4. Public Comments
5. Action Items
A. Reappointment of Tenure Status and Sabbatical for Dr. Kofi Lomotey, SUBR
B. Employment Letter for Chancellor-select James Llorens, SUBR
C. Performance Evaluation of System President Ronald Mason
(Executive Session may be required)
6. Other Business
7. Adjournment
Members
Atty. Warren A. Forstall – Chair; Mr. Patrick W. Bell- Vice Chair;
Mr. Calvin W. Braxton, Sr., Mr. Richard J. Caiton,
Atty. Patrick O. Jefferson, Dr. Eamon M. Kelly
Mr. Darren G. Mire - Ex Officio
Personnel Affairs Items 5A&5B
To: Chip Forstall, Chair, Personnel Committee
From: Ronald Mason, Jr., President
Date: June 18, 2011
Re: Llorens and Lomotey
Llorens
I have attached the proposed contract for Chancellor James Llorens. The total compensation is
$270,000. Base compensation is $250,000. A $20,000 housing allowance is included until such time as
the President’s house is available on campus. At that time, the housing allowance will cease whether or
not Dr. Llorens chooses to live in the house. If contractual performance measures have been met by the
end of the second year, an additional year will be added to the contract term.
The proposed compensation is in line with regional and state averages.
Lomotey
It is recommended that Dr Lomotey be compensated $120,000 per year as a tenured faculty member in
the College of Education. This would equal the salary of the highest paid faculty member in the College.
The recommendation is made in light of the following considerations: Dr. Lomotey has served as
Chancellor for more than three years; the custom and practice at Southern has been for former
Chancellors to be paid 80% of their salaries as Chancellors when they move to the faculty; as a two time
former president and former provost, Dr. Lomotey’s experience will be an asset to the College,
University and System; the proposed salary strikes a balance between expectations based on past
practice and our need to be cost conscious; it is reasonable that as a former chancellor who has
faithfully served the University, and has outstanding credentials, be the highest paid faculty member in
the unit where he resides.
This matter has been discussed with incoming Chancellor Llorens, and he agrees with the
recommendation.
The resumes of both individuals are attached for reference.
Personnel Affairs Item 5A
Personnel Affairs Item 5B
EMPLOYMENT AGREEMENT
The Board of Supervisors of Southern University and Agricultural and Mechanical
College (Board) hereby employs as Chancellor of Southern University and A & M College,
James Llorens, (Chancellor) who hereby accepts the following terms of employment.
1
2
TERM OF EMPLOYMENT
1.1
The employment established in this Agreement is for an initial term of three (3)
years, commencing on July 1, 2011 and ending on June 30, 2014.
1.2
This agreement may be extended for a fourth year (July 1, 2014- June 30, 2015),
if the Chancellor satisfactorily meets the duties and conditions as stated in Section
2 during the first two (2) years of the initial term; Upon the recommendation of
the System President, the Board, in its sole discretion, shall provide notice of
intent to extend this agreement by April 30, 2014.
1.3
The Chancellor will be appointed as a full professor with tenure in the Nelson
Mandela School of Public Policy at Southern University and A & M College.
DRAFT
DUTIES AND CONDITIONS OF EMPLOYMENT
2.1
The Chancellor shall oversee and provide leadership for the overall operations of
Southern University and A & M College (SUBR).
2.2
The Chancellor shall report and be responsible to the Board through the System
President as required in the Board’s by-laws.
2.3
The Chancellor’s employment shall be subject to all other rules, orders and
regulations established and adopted by the Board, as amended from time to time
except as such rules, orders and regulations conflict with the express terms of this
Agreement.
2.4
The Chancellor shall comply with all other laws and regulations applicable to his
specific office and public officials.
2.5
The Chancellor will be subject to an annual review by the System President to be
conducted in a manner and by a procedure determined by the System President.
The President along with the Chancellor will establish performance goals which
include those listed in Section 2.6 and other goals and objectives as agreed to by
the Chancellor and the System President. The goals and objectives will the basis
for his performance review for the first two (2) years of the agreement.
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2.6
Performance Goals
2.6.1.1 Increase the FTE enrollment of one percent (1%) by the end of the
second year of the initial term of the agreement. The base year for
this performance goal is the FTE enrollment for academic year
2010-2011.
2.6.1.2 Increase the research funding at SUBR by five percent (5%)
through grants and other non-state appropriations by the end of the
second year of the initial term of the agreement. The base year for
this performance goal is the total research funding for the academic
year 2010-2011.
DRAFT
2.6.1.3 Meet SUBR’s annual GRAD Act requirements and amendments to
the GRAD Act.
3
COMPENSATION
3.1
The Chancellor shall be paid an annual salary of two hundred and fifty thousand
dollars ($250,000.00) for the term of this Agreement as compensation for his
services while serving as Chancellor. This annual salary will be paid in the form
of equal monthly installments no later than the last calendar day of each month in
accordance with SUBR’s payroll procedures.
3.2
The Chancellor shall receive a housing allowance of twenty thousand dollars
($20,000.00) annually, which shall be paid in the form of equal monthly
installments no later than the last calendar day of each month in accordance with
SUBR’s payroll procedures. The Chancellor shall receive monthly payments for
the housing allowance until University Place becomes available for occupancy
and its occupancy by the Chancellor is approved by the Board.
3.3
The Chancellor will be eligible to participate in the benefits plans for health,
insurance, retirement and any other benefits that are available for full time
administrative employees.
3.4
The Chancellor’s compensation as a full-time faculty member at the Nelson
Mandela School of Public Policy shall be determined by the mean average of the
faculty salary of the three (3) highest paid tenured full professors at the Nelson
Mandela School of Public Policy as of the date his employment ends as
Chancellor unless determined by Section 4.1.1 herein. The calculation shall
exclude full professors who may be receiving salaries based upon an
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administrative appointment (i.e. Dean, Chairpersons, etc.)
3.5
4
In recognition of the Chancellor’s status as a “retired member” as defined by the
Teachers’ Retirement System of Louisiana (TRSL) and the laws governing
reemployment of retired individuals, SUBR agrees to make a contribution to an
optional retirement plan in an amount equal to ten (10%) percent of Chancellor’s
base salary. Chancellor shall be responsible for determining the plan into which
the contribution shall be made. This contribution shall be subject to the plan
being qualified to receive contributions on a pre-tax basis and the Chancellor shall
be entitled to make additional contributions on his own behalf. SUBR shall not
be responsible for management of the plan or for the investments contained
therein in any manner whatsoever.
TERMINATION
4.1
Termination Without Cause.
DRAFT
The Chancellor may be terminated without cause at the recommendation
of the System President with approval of the Board. If the Chancellor is
terminated without cause, he shall have the right to select an option as
stated in Section 4.1.2 herein. If the Chancellor is terminated without
cause and elects to become a full-time professor, he shall be entitled to the
same base salary that he would have received as Chancellor for the
balance of the initial term of this agreement, unless such agreement has
been renewed.
4.1.1 The Chancellor, upon termination as Chancellor without cause, shall have
the right to: (a) remain at SUBR and assume the position of full professor
with tenure at SUBR or such other campus as may be mutually agreed
upon by the parties or (b) he may elect to leave SUBR. For purposes of
this paragraph, the Chancellor’s faculty compensation shall be calculated
and begin as of the last date of payment of the base salary due under this
Agreement.
4.1.2 If the Chancellor elects to leave SUBR following a termination without
cause he will not be entitled to any further compensation beyond amounts
earned as of his last day of employment. Any amounts owed Chancellor
under this section shall be paid in the form of a lump sum no later than 15
days after Chancellor’s last day of employment.
4.1.3 The parties agree that the above payments represent liquidated damages
and are all that is due should the Agreement be terminated without cause,
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except ordinary claims for benefits accrued and vested as of Chancellor’s
termination under any pension or welfare benefit plan sponsored and/or
maintained by SUBR for the benefit of full-time administrative
employees.
4.2
Resignation.
4.2.1 The Chancellor shall provide the System President with notice of
resignation of at least ninety (90) days unless such notice is waived by the
System President or occasioned by illness or disability. If the Chancellor
voluntarily elects to leave his position as Chancellor during the term of
employment herein he shall be entitled to assume his appointment as a
full professor with tenure at SUBR. He shall be compensated at the
faculty pay described in section 3.4 to be calculated as of the date of his
letter of resignation. His faculty position will begin at the start of the fall
or spring semester immediately following the expiration of the ninety (90)
day notice period or following the effective date of his resignation should
it be sooner.
DRAFT
4.3
Expiration.
4.3.1 After the end of the term of employment specified herein, the Chancellor
will be entitled to assume his position as a full professor at SUBR. He
shall be compensated as calculated in section 3.4.
4.4
Termination For Cause.
4.4.1 If the Chancellor is terminated for cause, he shall be terminated from all
positions with SUBR immediately, including his position as a tenured
faculty member. If terminated for cause, with the exception of amounts
earned prior to the Chancellor’s termination date and ordinary claims for
benefits accrued and vested as of Chancellor’s termination under any
pension or welfare benefit plan sponsored and/or maintained by SUBR for
the benefit of full-time administrative employees, the Chancellor shall be
entitled to no further payments whatsoever after his termination date. The
reasons for termination shall be provided to the Chancellor in writing and
he shall be afforded an opportunity of not less than ten (10) days to
respond to such notice and a due process hearing before the Board.
Page 4 of 7
PD.5221465.2
4.4.2 The Board may terminate the Chancellor for cause for the following
reasons:
4.4.2.1 Conviction of a crime of moral turpitude;
4.4.2.2 A finding of academic dishonesty as that term is defined in the
Faculty Handbook;
4.4.2.3 Felony indictment for a crime of moral turpitude or other crime
which would bring SUBR’s and Southern University System’s
reputation in disrepute;
4.4.2.4 Neglect of duty; and
DRAFT
4.4.2.5 Disability (defined as an inability to fulfill the duties of Chancellor
for a period of at least ninety (90) consecutive days.).
5
SERVICE ON CORPORATE BOARDS
5.1
6
EDUCATIONAL BENEFITS.
6.1
7
The Chancellor may serve as a member of the Board of Directors of other public
or private corporations so long as such service is not a violation of any law and
will not interfere with or detract from the performance of his duties and
responsibilities as Chancellor or create any conflict of interest involving or
affecting the SUBR. The Chancellor shall obtain approval from the System
President prior to accepting an appointment to, or agreeing to continued service
on, any such Board. The System President shall not unreasonably withhold its
approval.
The Chancellor and the members of his immediate family shall be entitled to any
privileges or benefits of attendance at SUBR as afforded other full-time
employees of the SUBR.
NOTICES
7.1
Any notice required or desired to be given under this Agreement shall be deemed
given if given in writing, sent by postage prepaid certified mail, or hand delivery
to:
7.1.1 Chancellor James Llorens, _________________, and/or delivered to him
at his office at SUBR.
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PD.5221465.2
7.1.2 President, Dr. Ronald Mason, Southern University System, 4th Floor, J.S.
Clark Administration Building, Baton Rouge, LA.
7.1.3 With copies to the General Counsel, Tracie Woods, Southern University
System, 4th Floor, J.S. Clark Administration Building, Baton Rouge, La
70813
8
ENTIRE CONTRACT
8.1
This Agreement constitutes the entire understanding and agreement between the
Board and the Chancellor with regard to all matters related to his employment.
There are no other agreements, conditions or representations, oral written, express
or implied, with regard thereto. This Agreement may be amended only in writing
and signed by both parties thereto.
DRAFT
Page 6 of 7
PD.5221465.2
IN WITNESS WHEREOF, this Agreement is executed by Dr. James Llorens,
Chancellor, Southern University and A & M College; Dr. Ronald Mason, President, Southern
University System; Darren G. Mire, Chairman, Board of Supervisors of Southern University and
Agricultural and Mechanical College, as of the _________ day of ______________, 2011.
CHANCELLOR,
SOUTHERN UNIVERSITY AND A & M
COLLEGE
_________________________________
JAMES LLORENS
DRAFT
PRESIDENT, SOUTHERN UNIVERSITY
SYSTEM
___________________________________
RONALD MASON, JR.
CHAIRMAN, BOARD OF SUPERVISORS
OF SOUTHERN UNIVERSITY AND
AGRICULTURAL AND MECHANICAL
COLLEGE
____________________________________
DARREN G. MIRE
Page 7 of 7
PD.5221465.2